WRIGHT v. WALLER et al

Filing 72

ORDER denying 70 Motion to Proceed in forma pauperis. The 71 Order of the Court is vacated and this Order stands in its place. Ordered by U.S. District Judge HUGH LAWSON on 4/29/2014. (nbp)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
WILLIE FRANK WRIGHT, JR

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Plaintiff
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VS.
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MICHAEL FREELAND, et. al.,
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Defendants
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NO. 5:11-CV-0394-HL-CHW

ORDER
Plaintiff Willie Frank Wright Jr., an inmate at Macon State Prison in Oglethorpe, Georgia,
has filed a motion to proceed in forma pauperis on appeal from the Court’s December 24, 2013,
Order dismissing his complaint. In the Court’s best judgment, an appeal from that Order cannot
be taken in good faith. See 28 U.S.C. § 1915(a)(3) (“An appeal may not be taken in forma
pauperis if the trial court certifies in writing that it is not taken in good faith.”); Fed. R. App. P.
24(a)(3) (“A party who was permitted to proceed in forma pauperis in the district-court action . . .
may proceed on appeal in forma pauperis . . . unless . . . the district court . . . certifies that the
appeal is not taken in good faith”).
A review of court records on the U.S. District Web PACER Docket Report also reveals that
Plaintiff has already accumulated three “strikes” under section 28 U.C.S. § 1915(g): See Wright v.
Massey, 5:11-cv-0491 (S.D. Ga. 2011); Wright v. Hicks, 5:10-cv-246 (MTT) (M.D. Ga. July 16,
2010); Wright v. Waller, 5:10-cv-254 (MTT) (M.D. Ga. Aug. 23, 2011). Because of these
dismissals, Plaintiff may not proceed in forma pauperis on appeal unless he can show that he
qualifies for the “imminent danger of serious physical injury” exception in § 1915(g). Plaintiff’s
Motion does not allege the existence of any such danger.
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Plaintiff’s Motion to Proceed in forma pauperis on appeal (Doc. 70) is accordingly
DENIED.
SO ORDERED this 29th day of April, 2014.
s/ Hugh Lawson__________________
Hugh Lawson, Judge
UNITED STATES DISTRICT COURT
jlr

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